What happens to my inheritance in the event of divorce?

8th April 2016

What happens to my inheritance in the event of divorce?

A decision from the divorce courts in a recent case has looked again at the way that inherited assets are divided when a couple splits up.

And the result is a reminder that the courts may decide that sharing out those assets exactly 50/50 is not always the fairest approach.

While the case involved a husband and wife who had substantial wealth, the principles apply whenever there is a financial split following on from marriage breakdown.

In the case, the Court found that the husband’s wealth, which he had inherited, should not, in the main, form part of the financial split because they were non-matrimonial assets and that the needs of the wife could be met from other assets that were part of the marital pot.

Helen Stuart, a Family Solicitor at Gotelee, says there are often times when clients will seek to exclude inherited wealth from a matrimonial settlement – and that this case shows that they may well succeed.

However, she issued a word of caution: “If the spouse without the marital wealth would be left homeless or without income then inherited wealth may have to be called upon to ensure both parties’ needs are met.”

Inherited wealth in divorce cases can be a complicated issue, so it’s important to seek specialist advice if you think this is likely to be a concern in your case.

How can our divorce lawyers help you?

Gotelee’s team of specialist lawyers regularly advise clients in this area. To find out how they can help you, call us on 01473 211121 or email info@gotelee.co.uk

Practice Areas
Blog Posts

Redundacy pay and parental leave


The Court of Justice of the European Union (ECJ) has considered the effect of…

Read More
Upcoming Events

Managing the workforce in 2019


If you employ staff or have responsibility for HR, Gotelee Solicitor’s annual employment law…

Read More
News Posts

New Solicitor strengthens commercial property team


Gotelee Solicitors LLP are pleased to welcome Karol Schlesinger to the commercial property team.…

Read More


"This is by far the go-to firm for any issues. You are made to feel valued from the outset and they are so confident in what they do. Wouldn't recommend any other. Thank you Hugh and Max."

- Ros Jones

"We found Rachel Dawson outstanding, polite, professional and caring."


"“ This is the second time we have used Tracey for the conveyancing to buy our new home. She is always completely approachable, she has helped us along the way with advice and useful tips that has helped lessen the stress. We have complete confidence in her and would not hesitate to recommend her to our friends and family”.  - Peter Dawes, Cater Dawes Financial Planning "


"I have used Tracey Laflin at Gotelee on a number of occasions and in my opinion, she is simply the most efficient conveyancing solicitor I have ever worked with. From the outset, she took the time to understand my specific business requirements and to date, she has exceeded all of my expectations."

- Dale Fiddy - Portobello Developments Ltd

"The ease that we could access and speak to Pat Smith - Thank you"


"Jade Shelton was absolutely fantastic!! Professional and proactive at all times."

- JH

"Approachable, very efficient, always willing to take my calls and update me."

- SH

"Jade made the process of buying our first home quick, easy and took the stress out of a new chapter of our lives"


"Prompt, helpful, polite and very professional service"


"I don't think this house sale would have pulled together without Jo's determination and expertise. Excellent!"

- MT

Please select preferred method of contact

* We will only contact you by telephone if you select this as primary form of contact. All web enquiries will be stored on our website for 30 days.